Vinit Khurana QC

Year of Call: 1999 Silk: 2018

He approaches every case meticulously and gives sound and helpful advice at all times.

Chambers UK Bar

Vinit is the only practising member of the Scottish Bar dually qualified in law and medicine. He has the unique distinction of having practised as a medical General Practitioner for over a decade as well as being an Advocate since 1999. He took silk in 2018.

Vinit has a wide ranging practice involving both appearance and advisory work. He has experience of acting for and against private individuals and corporations. He also has experience of acing for and against public bodies. He regularly acts for and against health boards in professional negligence and personal injury cases.

Vinit specialises in all aspects of Medical Law including clinical negligence, judicial review, professional disciplinary matters, regulatory work and mental health. He is one of the most experienced practitioners at the Scottish Bar in relation to Fatal Accident Inquiries having appeared at over 20 such Inquiries since 2000. Since calling in 1999 his medical knowledge has proven to be a valuable asset in a wide variety of cases. His instructions have encompassed both civil and criminal work. Examples of the breadth of his instructions include: fraud cases brought by Health Boards against Optometrists before the NHS Tribunal; the chairing of the NHS Classification Appeal Committee in respect of disciplinary matters; appearances on behalf of the National Appeal Panel in judicial review petitions for entry to the pharmaceutical list; and advisory work in connection with many other matters related to the provision of healthcare including competition law issues in the provision of dispensing services by pharmacists and GPs, optometric and pharmaceutical services regulation, contractual arrangements between Health Boards and GP primary care providers, mental health matters and ECHR issues in the areas of organ donation and treatment refusal.

Vinit was the Chair of the Faculty of Advocates Sub-Committee which responded to the Scottish Government’s consultation on the reform of mental health legislation. He has also responded on behalf of the Faculty of Advocates to Scottish Government consultations on organ donation and transplant. He is currently a member of the Faculty Committee that oversees all of the Faculty’s responses to Scottish Government consultations.

Throughout his career Vinit has been prepared to work in new areas. He enjoys new challenges. He is a conscientious and hard worker. This has allowed him to gain an understanding of the particular circumstances of and the legal background to the cases in which he has been instructed. As well as appearing in court in complex, high profile and urgent matters, he regularly provides written advice on a wide variety of matters.

Medical/Clinical Negligence Law

Melissa Malone v Greater Glasgow Health Board (2016)
Acted for the defenders in this clinical negligence proof where an alleged delay in diagnosis resulted in a stroke for the young pursuer. Lord Brailsford issued a judgement in favour of the defenders in early 2017. This case also involved an attempted extension of the Montgomery decision in relation to informed consent.

Scottish Mesh Litigation (2014 to date)
Instructed for the NHS defenders in one of the largest group actions in Scotland. There are currently over 400 cases in this group.

Leadbetter v Tayside Health Board (2016)
Acted for the defenders in this action of surgical negligence involving a laparoscopic cholecystectomy

McCuish v Highland Health Board (2011)
Acted for the defenders in an action involving injuries sustained by a nurse as a result of an assault by a violent patient

Public inquiries & Fatal Accident Inquiries

FAI into the death of Andrew Logan (2015)
Instructed for Scottish Ambulance Service in this 5 week high profile FAI. It concerned the alleged delay in retrieving an elderly man who was ultimately found to have a ruptured abdominal aortic aneurysm. Leading experts in vascular surgery and also expert paramedics gave evidence

FAI into the death of Kathryn Beattie (2012-2014)
Instructed for the Health Board in this high profile FAI which ran over the course of about two years ending in January 2014. It concerned the circumstances surrounding the death of a 13 year old girl with acute leukaemia. Leading experts in leukaemia research, haematology, neuroradiology and neurosurgery all gave evidence

FAI into the death of David Tweedie (2012)
Instructed by the Health Board in relation to a death following elective surgery where concerns about the availability of medical information in paper form and on computer was an issue

Medical posts

1992 to 2004 – worked periodically as a locum medical General Practitioner as well as doing hospital locum work in medicine, accident and emergency, ENT, ophthalmology, care of the elderly, dermatology, surgery and psychiatry

July 1993 to October 1993 – worked as a locum medical General Practitioner in Brisbane, Australia

1989 to 1992 – Fife General Practice Vocational Training Scheme. Qualified as a GP following two years in various hospital posts and a year with a general practice in Kirkcaldy

February 1989 to July 1989 – Junior House Officer in Surgery, Falkirk and District Royal Infirmary

August 1988 to January 1989 – Junior House Officer in Medicine, Stirling Royal Infirmary

Court And Tribunal Experience

Vinit appears regularly in court, often in complex, high profile and urgent matters. He has experience of appearing in the Court of Session (Inner and Outer House), the Criminal Appeal Court, the High Court of Justiciary and Sheriff courts around the country. He has also appeared before various Tribunals.

Publications

Vinit has given presentations to legal (and medical) audiences on a wide variety of medico-legal topics during his career. He has also delivered in house medico-legal talks to solicitors. He also gives lectures to sheriffs for the Judicial Institute.